Music Trade Review

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THE MUSIC TRADE REVIEW.
RECENT LEGAL
DECISIONS.
[PREPARED FOR THE MUSIC TUADE REVIEW]
ABATEMENT
AND
REVIVAL—DEATH
PARTY—ACTION WHEN
TION OF PAPERS
OF
SURVIVES— INSPEC-
IN POSSESSION
OF ADVERSE
PARTY — AFFIDAVIT — SUFFICIENCY. — 1.
A
on that day through Glenville, and owing
to the unusually high water in the creek,
the planking of the bridge at that place was
carried away, and, unaware of its condition,
they attempted to cross the bridge. As a
result their horse and wagon suddenly
sank, and both men were thrown into the
creek. They are now recovering from their
mishap. Mr. Cassidy is contemplating a
suit for damages against the town of Glen-
ville.
complaint alleging that plaintiff contracted
to do certain work for a specified price, that
he was prevented by defendants from per-
forming it, and asking damages resulting
from the loss of profits which he expected
to make, states an action in tort which does
O manufacture grand pianos of the
not survive the death of defendants.
highest possible grade has always
2. An order to compel defendant, to fur-
been
rightly considered by those who know,
nish papers in his possession to plaintiff for
as
the
true test of a piano maker's right to
inspection, should not be granted on an affi-
rank
with
the most renowned firms of the
davit alleging that such papers "contain evi-
world.
In
our own country there have been
dence relating to the merits of the action,"
perhaps
not
more than three or four makers
as such allegation is no more than an ex-
to
achieve
such
particular distinction, and
pression of plaintiff's "opinion," and not a
amongst
those
few
who are to-day standing
statement of a "fact."
as the leading exponents of the art of per-
3. It was further ground to deny the mo-
fect piano building, none is at present more
tion that the affidavit did not show that any
conspicuous than our well-known Boston
demand to be permitted to make the inspec-
house of Henry F. Miller & Sons Piano Co.
tion had been made and refused.
Their first great success was in the build-
4. Under Code, $5 389, providing that the
ing of a large grand piano for concert use,
court may order either party to give to the
which received remarkable endorsements
other within a specified time an inspection
from many of the great piano players of the
of papers in his possession containing evi-
day, and which made a peculiarly brilliant
dence relating to the merits of the action,
reputation for the house by being played in
and that, if compliance with the order be
so many of the principal orchestral concerts
refused, the party refusing may be pun-
in the leading cities of the United States.
ished, a penalty for such refusal should not
Following the great reputation achieved in
be imposed till it is ascertained judicially
this way the Henry F. Miller & Sons Piano
that such refusal was without good reason.
Co. have for the last ten years given es-
jenkins vs. Bennett, et al., Supreme
pecial attention to the building of perfected
Court of South Carolina.
parlor and baby grand pianos, and in these
TENDER — DEMAND — COLLECTION — AT-
smaller scales have realized almost ideal
TORNEY.—A tender to an attorney at law to qualities. The tones produced in these re-
whom a demand has been intrusted for col- markable grand pianos are wonderfully rich
lection, is good, according to the decision of in fullness and depth, and at the same time
he Supreme Court of Minnesota, in the re- sympathetic and brilliant. The company
cent case of Zalter vs. Shove.
has given especial care to having these new
INSOLVENCY—MORTGAGE—LIEN — PRIOR-
scale grand pianos built in beautiful designs
ITY.—The Supreme Court of Georgia held, of architecture; at present they are exhib-
in the recent case of Thornpson-Hiles Co. iting in the window of their warerooms on
vs. Dodd et al., that while the insolvent Boylston street a remarkable specimen of
traders' act of Georgia provides that mort- the designer's art in grand pianos. The
gages made by the debtor after the filing of idea was to have represented in the carving
the creditors' petition for the purpose of se- on the case, figures of the gods of music
curing existing debts shall be vacated, the from the most ancient mythology, as well,
lien of a valid mortgage executed by him also, as the figures from the more modern
before such filing is not affected thereby, and northern mythology, that from which
and that nothing in the registry act of 1889 the Wagner operas have drawn their in-
deprives such a mortgage of its priority spiration.
over the claims of the unsecured creditors
The legs and pedal of this beautiful grand
as to the property covered by the mortgage
piano
represent the ancient musical god
•or the proceeds thereof, although the mort-
Pan,
with
his flutes, whilst above these, on
gage may not have been filed for record un-
the
sides
of
the piano, are carved beautiful
til after the filing of the creditors' petition.
panels consisting of ideal and conventional
groupings of the Wagnerian heroes and
heroines;
Lohengrin, Siegfried,
Hans
flusic Trade Hen Meet with An
Sachs, Elsa and Woten and the others, are
Accident.
all represented in the most exquisite hand
carving possible, the delicate tracery on
SERIOUS accident befell two well- some of the parts needing a magnifying
known members of the Albany piano glass to appreciate its beauty. In connec-
trade Wednesday of last week.
George tion with the season of Wagner opera now
Cassidy and F. R. Reynolds, the former of at hand this special grand piano is attract-
L. A. Young & Co., and the latter of the ing much attention from lovers of the aes-
house of Frank W. Thomas, were driving thetic side of art—Boston Courier.
An Artistic Grand.
T
A
Charlie Sisson Resigns
THE genial Charlie Sisson, widely known
as general traveler for Farrand & Votey,
Detroit, Mich., has tendered his resignation
to that firm, to take effect June 30th. Charlie
has been traveling for this firm for eleven
years, and of course will be greatly missed.
It is possible that he may take a vacation
during the summer, then in the early fall
look out for Charlie, for he is bound to be
in big fighting trim, and we may expect to
see him swinging into line the next time
with a piano.
II. C. HARNEY is now sole owner of the
piano plate foundry of H. C. Harney & Co.,
49 Dupont street, Brooklyn.
He has pur-
chased the entire interest of Fred. M. Ran-
dall, the former partner. A new factory will
be built in the fall.
F. S. SLADE, of Buffalo, N. Y., has taken
the agency for the Marshall & Wendell
pianos, and is carrying a splendid line of
styles in stock.
WORK has been commenced on a new fac-_
tory for D.H.Baldwin & Co., Cincinnati,().
PROF. DORMER, of the College of Music,
Cincinnati, is now using the Everett grand
exclusively. At a concert given last Friday
night at Huntington, W.Va., he played the
"Everett" with considerable success, judg-
ing from the notices in the local papers.
S. S. STEWART, the popular banjo manu-
facturer of Philadelphia, made some large
shipments of his instruments to Australia
last week.
A HANDSOME Knabe grand piano is to be
placed in the Memorial Hall, Oxford, Mass.
C. L.. Gorham & Co., of Worcester, received
the order.
IT is said that Carl Barckhoff, who re-
cently withdrew from the Barckhoff Organ
Co., Salem, O., has secured the plant of
the Mendelssohn Piano Co , Mendelssohn,
Pa., and intends manufacturing on his own
:
account.
•
DENTON, COTTIER & DANIELS are
among
the progressive music houses of Buffalo,
N. Y., experiencing an improved trade in
all departments.
•
\
. _
A Reputation
Is made by selling Pianos of
the highest excellence. The
reputation of many dealers has
been made by selling the
HENRY F.
HILLER
Pianos.
They
cost more than
the majority of
Pianos, but they have ac-
quired their reputation as
Pianos of the highest grade
solely because they merit the
highest praise. If there is not
an authorized representative
in your city, write to the man-
ufacturers
88 Boylston Street
BOSTON, HASS.